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    Contributors Alper Law Office

    Contact Information
    • Address: Akat Mah. Menekşe Sk. No 53 Beşiktaş, İstanbul
    • Email: [email protected]
    • Phone: +90 (212) 270 35 00
    • Website: www.alper.av.tr
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    Alper Law Office is an independent full service boutique law firm based in Istanbul primarily focuses on business law and corporate legal practice.

    Alper Law Office specializes in high-end legal advice on complex matters in the areas of media & entertainment and represents clients operating in entertainment, media and advertising industries and other content providers who produce, license, acquire, use and invest in film, television, music and digital content sectors for worldwide distribution.

    Alper Law Office provides legal assistance to advertising and media investment agencies in drafting and negotiating advertising, media buying and planning, production licensing contracts, social media management, digital performance marketing and advertising services contracts.

    Clients are leading “media companies such as television stations, digital media publishers including VOD platforms, film producers, rights traders, book and magazine publishers, advertising agencies, publishers of computer games, internet companies and lifestyle companies”.

    Alper Law Office (i) advised a digital platform (over-the-top content platform)  and drafted the internal and external production contracts and managed the negotiation processes with production companies, directors, screenwriters, actors and line producers; (ii) advised a production company on “Broadcasting and Production Agreements of TV formats” produced and broadcasted for leading international TV channels and attended to the contract negotiations in United States, Mexico, Colombia, Greece, Hungary and Romania; (iii) advised TV channels on various broadcasting and contractual matters and (iv) also acted as “Production Legal Counsel” for a TV Show produced in Dominican Republic.

    Key Contacts

    Awards

    Local Content Requirements of TV Broadcasting

    Law no. 6112 on "Establishment of Radio and Television Enterprises and their Media Services" (“Media Law”) does not prohibit broadcasting in foreign languages; however, broadcasts made in foreign languages shall follow the rules of that preselected language and be supervised by the RTÜK. As regulated in the Regulation on “The Procedures and Principles of Broadcasting Services” (“Broadcasting Procedures Regulation”), the ability of media service providers to broadcast in different languages ​​and dialects is subject to the permission of the RTÜK.
    Onur Alper
    İpek Kaymaklı
    Dilşad Karakuş

    Licensing Requirements for Broadcasting, License Fees and Paying Royalties

    “Broadcasting License” means the certificate of permission issued separately for each broadcasting type, technique and network by RTÜK to media service providers to allow them to broadcast using any kind of technology via cable, satellite, terrestrial and similar networks. There are different licenses to be obtained in order to establish an online broadcasting platform and broadcast transmission for on-demand broadcasting services in Turkey.
    Onur Alper
    İpek Kaymaklı
    Dilşad Karakuş

    Advertising on TV Broadcasting Under Turkish Law

    The main pieces of legislation governing broadcast media advertising are the Law no. 6112 on "Establishment of Radio and Television Enterprises and their Media Services" (“Media Law”) and the Advertisement Regulation of Radio and Television Authority of Türkiye. As per Media Law, advertisements and tele-shopping in television and radio broadcasting services have to be broadcast in a manner that is easily distinguishable from the rest of the elements of the broadcasting programme services, by way of the use of audio or visual warnings. Broadcast media advertisements are also within the scope of Regulation on “Commercial Advertisements and Unfair Practices“, thus advertisements and tele-shopping must be made in compliance with this regulation.
    Serenat Baytan
    Onur Alper

    Foreign Ownership Restrictions Apply to Media Services

    The Turkish Commercial Code requires radio and television broadcasting licenses to be granted to joint-stock companies for providing media services. The shares of media service providers must be registered, and total foreign direct capital cannot exceed 50% of the paid-in capital, but indirect foreign ownership is exempt from this. Media service providers must comply with the paid-in capital requirement, which ranges from 100,000 TL to 8,320,000 TL, depending on the type of broadcasting. For the appointment of a Top Manager and/or Chief Editor, the individual must be at least 18 years old, have a place of residence and permanent residence in Turkey, and meet certain educational and legal criteria.
    Başak Balcı Alper
    Onur Alper

    Legal Background of Media Regulations in Türkiye

    Turkey's media and entertainment industry is subject to various laws, regulations and international agreements, including those related to intellectual property and copyright. Freedom of expression and press are fundamental rights recognized by international agreements, though they may be limited under certain terms and conditions. The Constitution of Turkey and international treaties provide a legal framework for media law, with many laws and regulations serving as secondary legislation for the sector. Important laws affecting the media and entertainment sector include the Press Law, Law on the Establishment and Broadcasting Services of Radio and Television, Law on Intellectual and Artistic Works, Industrial Property Law, Law on Protection of Competition, and more.
    Onur Alper
    Dilşad Karakuş

    Transmission Methods of the Television Broadcasting

    The media and entertainment industry in Turkey is rapidly adapting to the change in media consumption habits. The rise of digital and streaming platforms has led to the necessity of legal regulations in this field. Digital broadcasting platforms, including OTT and VOD, are replacing traditional broadcasting methods. SVOD, TVOD, and AVOD are the main digital distribution models. SVOD offers a library of videos for a recurring fee, TVOD allows users to buy content on a pay-per-view basis, and AVOD is free but supported by advertisements. Turkey's high internet usage rate and social media user base make it a good market for digital media platforms.
    Onur Alper

    Compliance with Media Sector

    Turkish media is regulated by independent auditing institutions, including the Radio and Television Supreme Council (RTÜK), the Advertising Self-Regulatory Board and the Turkish Competition Authority. RTÜK imposes obligations and warnings on broadcasters, and can suspend broadcasting or impose administrative fines for non-compliance. The organisation also aims to inform children and young people about the negative effects of broadcasting and undertakes public opinion polls. The Advertisement Board regulates advertising for all media, including online platforms, and investigates advertisements deemed inappropriate, imposing administrative fines or penalties. The Turkish Competition Authority aims to prevent anti-competitive behaviour in the goods and services markets.
    Onur Alper
    Dilşad Karakuş

    Recent Developments on Press Law

    With the “Law Amending the Press Law” published in the Official Gazette dated October 18, 2022 and numbered 31987, various regulations were made within the scope of combating disinformation, especially internet new sites and press cards.
    Onur Alper
    Dilşad Karakuş

    Establishment of OTT Platforms Under Turkish Law

    Turkey's growing OTT market requires foreign and local platforms to adhere to digital media broadcasting regulations. To provide on-demand services, companies must obtain authorization from the Radio and Television Supreme Council (RTUK) and comply with established administrative and financial requirements. VOD service providers must be joint-stock companies with a minimum capital of 100,000 TL and follow RTUK's sample articles of association. Media service providers seeking internet broadcasting licenses must pay a 10-year license fee of 406,107 TL, with conditional access platforms required to pay 0.5% of their annual net sales to RTUK.
    Onur Alper
    Başak Balcı Alper